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Supreme Court of India Directs Delhi HC to Reconsider Injunction Against Zydus’ Pertuzumab Biosimilar

Nov 19, 2024

On 19 November 2024, the Economic Times reported that the Supreme Court of India has directed the Delhi High Court to move quickly on reconsidering an injunction, which was reinstated in October 2024, preventing Zydus from manufacturing, selling and marketing Sigrima™, biosimilar to Roche’s Perjeta® (pertuzumab).  The matter is scheduled for hearing on 2 December 2024.

The decision to reinstate the injunction followed an appeal by Roche of an earlier order of the Court on 9 October 2024, which reversed an injunction order originally granted in July 2024.

Roche commenced proceedings earlier this year, alleging that Zydus’ Sigrima™ infringes Indian patent numbers IN 268632 and IN 464646.  Zydus received conditional approval for its pertuzumab biosimilar from the Central Drug Standard Control Organisation (CDSCO) on 4 April 2024, obtaining permission to market the drug on 27 June 2024 and subsequently launching Sigrima™ on the Indian market.